Federal

Spellings to Expand Pilot Test Reversing Order of NCLB Sanctions

By Michelle R. Davis, Christina A. Samuels & Erik W. Robelen — May 18, 2006 4 min read
  • Save to favorites
  • Print

U.S. Secretary of Education Margaret Spellings has announced plans to expand a pilot initiative under which school districts may reverse the order of key consequences for schools’ low performance under the No Child Left Behind Act.

The news comes in a May 15 letter to chief state school officers that also warns that the Department of Education is prepared to take “significant enforcement action” against states and districts that fail to meet the federal law’s school choice and supplemental-services requirements, including the possibility of withholding some federal funds.

The secretary drew attention to the letter in a May 17 meeting with reporters, in which she also discussed two other significant developments involving the No Child Left Behind Act. One was the selection of two states for a “growth model” pilot for testing an alternative way of meeting the law’s accountability requirements on student progress. The other was a decision on accountability for several states with large numbers of students displaced by Hurricanes Katrina and Rita last fall.

On the choice and supplemental-services issue, Secretary Spellings noted in her letter to the state chiefs that recent federal audits revealed a range of shortcomings with how states and districts were carrying out the law’s mandates.

The department is currently testing the idea of reversing the order of the choice and tutoring sanctions in a smaller pilot project in four districts in Virginia. The normal order calls for districts to offer school choice first, in the form of allowing students in lagging schools to transfer to higher-performing public schools, and only later to give students access to supplemental services, such as tutoring. Even many supporters of the No Child Left Behind law have called that order illogical.

Ms. Spellings said that the “positive results” in the Virginia pilot provide evidence that offering the flexibility on a broader scale is warranted. She said that any state that meets certain eligibility criteria may request that up to seven of its school systems—of which two should be rural—receive the new flexibility.

The idea is that districts that fail to make adequate yearly progress, or AYP, under the federal law for two consecutive years could offer supplemental educational services instead of public school choice to students. The law says that the choice option must come at that point, and that after a third year of missing performance targets, the district also must offer a choice of supplemental services, including from private providers.

“If we get kids help first before the public-school-choice thing,” that “makes sense to me,” Ms. Spellings said in the session with reporters. “Let’s do stuff that works better.”

Growth-Model Pilot

Meanwhile, the department announced May 17 that North Carolina and Tennessee were the first states chosen for a pilot program that will allow them to measure AYP under the No Child Left Behind law based on the academic growth that students show from year to year.

Secretary Spellings had announced in November that as many as 10 states would be selected for the “growth model” pilot program.

Twenty states applied, and proposals from eight states were forwarded to a panel of reviewers appointed by the department. In a conference call Wednesday, Eric Hanushek, a senior fellow at the Hoover Institution at Stanford University and the head of the review panel, said both models chosen were well designed and offered different approaches for meeting the federal law’s goal of full student proficiency by the 2013-14 school year.

Of the eight states reviewed by the panel, the six states not approved—Alaska, Arkansas, Arizona, Delaware, Florida, and Oregon—have a chance to digest comments from the review panel and resubmit their applications in September for the 2006-07 school year. Also, in November, other states will have a chance to submit their own growth-model proposals for whatever slots remain.

Under current NCLB rules, schools and districts must meet annual targets for the percentage of students who score at least at the proficient level on state tests. The student population as a whole must be measured, as well as certain subgroups of students, such as students with disabilities, members of racial and ethnic minorities, and students with limited English skills.

In the growth-model pilot, schools may be able to make AYP even if their students do not meet the targets, if the schools can show that the students have made a certain amount of progress over the course of the year.

Hurricane Relief

Secretary Spellings also announced that six states that have taken in large numbers of students displaced by Hurricanes Katrina and Rita would not be penalized for this school year if those students do not make adequate yearly progress.

The states—Louisiana, Georgia, Texas, Tennessee, Alabama, and Arkansas—will still have to test displaced students in reading and mathematics as required under the federal law. Schools will also be held to required test-participation rates for those students.

The department had earlier determined that hurricane-displaced students would count as their own subgroup under NCLB. Ms. Spellings said on May 17 that if it is that subgroup that would lead to the labeling of a school or district as being “in need of improvement,” the federal Education Department will allow sanctions to be delayed.

Mississippi, according to federal officials, did not request the AYP relief for displaced students.

Ms. Spellings said it seemed to be common sense to allow such states one year of respite from NCLB sanctions for hurricane-displaced students.

In those states “that have large numbers of students who missed as much as six or eight weeks of school in some cases, obviously [there was] a lack of curriculum alignment” between schools, Ms. Spellings said.

Events

Teaching Profession K-12 Essentials Forum Supporting the New K-12 Workforce: What Teachers Need to Stay at School
 Join this free virtual event to discover what teachers say they need to feel supported to stay in classrooms for the long haul.
College & Workforce Readiness K-12 Essentials Forum Career and Technical Education Takes Its Next Big Step
Join this free virtual event to hear creative approaches to modernize CTE programs and navigate the shift away from a near-exclusive focus on "college preparedness."

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Federal Opinion ‘None of This Is Abstract’: The Real Harm of Trump’s Ed. Dept. Civil Rights Move
Here’s why families will feel it when student civil rights enforcement moves to the Justice Dept.
Alumni Collective of the U.S. Dept. of Ed., Office for Civil Rights
4 min read
Image of a box of files
Laura Baker/Education Week + Getty
Federal Special Ed. and Civil Rights: What We Know About the Ed. Dept.'s Latest Moves
Special education is moving to HHS, and civil rights enforcement is moving to DOJ.
6 min read
Letters on the Department of Education building are missing after removal of America 250 banners, which included those of Booker T. Washington, Catharine Beecher and Charlie Kirk, March 18, 2026, in Washington.
Letters on the U.S. Department of Education building are missing in this March 18, 2026, photo in Washington. The agency last week announced it's transferring day-to-day management of special education and civil rights enforcement to different Cabinet agencies, the latest push by the Trump administration to dismantle the Education Department.
Allison Robbert/AP Photo
Federal Trump's Justice Dept. Investigates Dozens of Districts Over LGBTQ+ Curricula
The investigations target how schools discuss sexuality and gender identity and whether parents can opt their children out of lessons.
8 min read
The U.S. Department of Justice is investigating how 43 school districts in three states teach about sexuality and gender identity and whether they give parents the opportunity to opt their children out of lessons that conflict with their religious beliefs on June 16, 2026.PICTURED, Protesters gather outside the Glendale Unified School District headquarters in Glendale, California, on June 20, 2023. Over 300 people gathered outside the Glendale Unified School District headquarters, as protests continued over the issue of teaching children about same-sex parents and queer issues.
Protesters gather outside the Glendale school district in Glendale, California, on June 20, 2023 over the issue of teaching children about same-sex parents and queer issues. The U.S. Department of Justice is now investigating three other school districts over LGBTQ+ themes in sex ed. and beyond. (The Glendale district is not one of them.)
DAVID SWANSON / AFP via Getty Images
Federal Education Department Moves Special Ed. and Civil Rights to Other Agencies
Special education programs help schools serve more than seven million K-12 students with disabilities nationwide.
9 min read
A banner featuring a photo of President Donald Trump hangs outside the Department of Justice in Washington on Monday, June 15, 2026.
A banner featuring a photo of President Donald Trump hangs outside the Department of Justice in Washington on Monday, June 15, 2026. The U.S. Department of Education is moving its office for civil rights to the Justice Department as part of a fresh wave of outsourcing.
Bill Clark/CQ Roll Call via AP